Case Digest (G.R. No. 123708)
Facts:
Civil Service Commission and Philippine Amusement and Gaming Corporation, G.R. No. 123708, June 19, 1997, the Supreme Court En Banc, Regalado, J., writing for the Court. Petitioners are the Civil Service Commission (CSC) and Philippine Amusement and Gaming Corporation (PAGCOR); respondent is Rafael M. Salas, an Internal Security Staff (ISS) member assigned to the Manila Pavilion casino.On October 7, 1989, Salas was appointed by the PAGCOR Chairman as an ISS member. On December 3, 1991, the PAGCOR Board of Directors terminated his employment for alleged proxy betting following a covert investigation by PAGCOR’s Intelligence Division, affidavits from two customers, and two polygraph tests. Salas submitted a letter of appeal to the Chairman and the Board on December 23, 1991, seeking reinvestigation and claiming he was denied opportunity to be heard; the Board denied his appeal.
On February 17, 1992, Salas appealed to the Merit Systems Protection Board (MSPB), which dismissed his appeal on the ground that, as a confidential employee, his term of office had merely expired. On appeal from the MSPB, the CSC issued Resolution No. 92-1283 affirming the MSPB. Salas initially filed a petition for certiorari with the Supreme Court contesting the CSC resolution; by resolution dated August 15, 1995 the case was referred to the Court of Appeals pursuant to Revised Administrative Circular No. 1-95.
The Court of Appeals, in CA-G.R. SP No. 38319 dated September 14, 1995, reversed the CSC and ordered Salas reinstated with full back wages, holding that he was not a confidential employee and applying the “proximity rule” from Grino v. Civil Service Commission; the CA also held that Section 16 of Presidential Decree No. 1869...(Subscriber-Only)
Issues:
- Is respondent Rafael M. Salas a confidential employee whose appointment is non-competitive and whose separation constituted merely an expiration of term rather than an illegal di...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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